James Frost

The offenders, two brothers with extensive criminal records, pleaded guilty to five counts of break and enter and theft involving commercial stores.

They used stolen vehicles to ram through store entrances and steal merchandise.

The court weighed their lengthy records, drug addictions, and the aggravating factor of the younger brother being on probation.

The older brother was sentenced to 5 years imprisonment and the younger to 50 months, both receiving 1.5:1 credit for pre-sentence custody.

The appellant appealed his conviction for operating a motor vehicle with a blood alcohol concentration over 80.

He argued that the trial judge erred in finding that the arresting officer had reasonable grounds to arrest him for impaired driving and make a breath demand, asserting the officer only had a suspicion.

The summary conviction appeal court dismissed the appeal, finding no error in the trial judge's conclusion that the officer's observations of the appellant's driving, behaviour, and physical symptoms provided an objectively reasonable basis to believe his ability to drive was impaired by alcohol.